Safia Sultana vs The State Of Assam
2025 Latest Caselaw 4338 Gua

Gauhati High Court

Safia Sultana vs The State Of Assam on 21 March, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

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GAHC010043662025




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                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : WP(C)/1597/2025

         SAFIA SULTANA
         W/O AJIM UDDIN AHMED AND DAUGHTER OF LATE NUR ALI, R/O.
         AMINPATTY, R.D.M. ROAD, NAGAON, ASSAM-782001



         VERSUS

         THE STATE OF ASSAM
         REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, REVENUE
         AND DISASTER MANAGEMENT DEPARTMENT, I BLOCK, 2ND FLOOR,
         ASSAM SECRETARIAT (CIVIL), DISPUR, ASSAM-781006

         2:THE ASSAM BOARD OF REVENUE
          P.O AND P.S- PANBAZAR
          KAMRUP (M)
          GUWAHATI
         ASSAM-781001

         3:THE DISTRICT COMMISSIONER
          NAGAON
          P.O AND DIST- NAGAON
         ASSAM- 782001

         4:THE ADDITIONAL DISTRICT COMMISSIONER
          NAGAON
          P.O AND DIST- NAGAON
         ASSAM- 782001

         5:THE DISTRICT DEVELOPMENT COMMISSIONER
          NAGAON
         LAND REVENUE
          P.O AND DIST- NAGAON
         ASSAM- 782001
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            6:THE CIRCLE OFFICER
             SADAR REVENUE CIRCLE
             NAGAON
             P.O AND DIST- NAGAON
            ASSAM- 782001

            7:NUR HUSSAIN
             S/O. NUR AHMED
             R/O. KATANI GAON
             MOUZA SINGIAPUTANI
             P.S SADAR
             DIST NAGAON
            ASSA

Advocate for the Petitioner   : R SARMAH, MR K J HAZARIKA,MS M KAKOTY

Advocate for the Respondent : GA, ASSAM, FOR CAVEATOR,MR H K BARUAH,MISS. M
BORAH,SC, REVENUE




                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                        ORDER

Date : 21.03.2025

Heard Mr. R. Sarmah, learned counsel for the petitioner; Mr. A. Bhattacharjee, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 1; Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent nos. 3, 4, 5 & 6; and Mr. H.K. Barua, learned counsel who has entered appearance for the respondent no. 7/caveator.

2. The petitioner has assailed a Judgment and Order dated 19.12.2024 passed by the Assam Board of Revenue, Guwahati in Case no. 45RA[N]/2022. By the Judgment and Order dated 19.12.2024, learned Board of Revenue has interfered with an order of mutation passed in favour of the petitioner on Page No.# 3/4

29.01.2022 by the Additional Deputy Commissioner [Revenue], Nagaon in Case no. NRK.10/2017/Pt.-I.

3. Mr. Sarmah, learned counsel for the petitioner has submitted that while deciding the appeal which was preferred by the respondent no. 7 as the appellant, the learned Board of Revenue had recorded findings on Muslim Inheritance Law and on that basis, recorded its findings in respect of a will, stated to have been executed by the mother of the petitioner. He has contended that such recording of findings is beyond the purview of the learned Board of Revenue.

4. Issue notice, returnable on 30.04.2025.

5. Having regard to the nature of issue involved, this Court finds that issuance of notice to the respondent no. 2 is not necessary.

6. As Mr. Bhattacharjee, learned Standing Counsel, Revenue & Disaster Management Department has entered appearance and accepted notice on behalf of the respondent no. 1; Ms. Barman, learned Junior Government Advocate, Assam has entered appearance and accepted notice on behalf of the respondent nos. 3, 4, 5 & 6; and Mr. Barua, learned counsel has entered appearance and accepted notice on behalf of the respondent no. 7, issuance of formal notices to the said respondents stand dispensed with. The learned counsel for the petitioner shall furnish requisite nos. of extra copies of the writ petition along with annexures to Mr. Bhattacharjee, Ms. Barman and Mr. Barua within 2 [two] working days from today.

7. Having regard to the submissions made by the learned counsel for the parties and noticing that the learned Board of Revenue while deciding the Page No.# 4/4

appeal, has recorded its findings on Muslim Inheritance Law and the legality and validity of a will in the process, it is observed as an ad-interim measure, that the operation of the impugned Judgment and Order passed by the learned Board of Revenue shall be kept in abeyance, till the returnable date.

8. Mr. Barua, learned counsel appearing for the respondent no. 7/caveator has supported the findings recorded by the learned Board of Revenue and has submitted that there appears to be no case made out by the petitioner.

9. The respondents shall file their responses on or before the returnable date.

10. The name of Mr. H.K. Barua, learned counsel be reflected in the respondents' side in the Cause-List.

JUDGE

Comparing Assistant